H. S. THANGKHIEW
Baiarbor Rajee – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. Heard Mr. N. Synkon, learned counsel for the petitioner and Mr. S. Dey, learned Standing counsel for the respondent No. 1 and 2.
2. The writ petitioner who is serving as Senior Microscopist in the office of the District Malaria Officer, Government of Meghalaya, East Khasi Hills, Shillong is aggrieved with the letter dated 11.01.2021, wherein it is indicated that the Basic Pay of the petitioner had been wrongly fixed for the period w.e.f. 7.10.2010 to 31.12.2020. The said letter further directed for corrections of the petitioner's Basic Pay at Rs. 43100/- per month with effect from January, 2021 instead of Rs. 44,400/-per month.
3. Mr. N. Syngkon, learned counsel for the petitioner has contended that with the issuance of the letter, it is imminent that the respondents will seek recovery of the amount which has been received due to the wrong fixation of pay. The learned counsel has also placed the judgment in the case of State of Punjab and Others v. Rafiq Masih (Whitewasher) and Others reported in (2015) 4 SCC, to buttress his submissions that such recovery on a wrong fixation of pay is impermissible in law. He therefore, prays that directions be issued to restraint the res
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.